High Court of KeralaWP(C)/14467/2013disposed of

K.A.Ibrahim v. District Collector

2015-11-11Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 WP(C).No. 14467 of 2013 (G) ---------------------------- PETITIONER(S):

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1. K.A.IBRAHIM AGED 74 YEARS S/O.ABDUL KHADER, KAYAMKULAM HOUSE, PANANCHERY VILLAGE PATTIKAD.P.O., THRISSUR-680652.

2. HAYRUNNISA, AGED 62 YEARS W/O.K.A.IBRAHIM, KAYAMKULAM HOUSE, PANANCHERY VILLAGE PATTIKAD.P.O., THRISSUR-680652.

BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S):

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1. DISTRICT COLLECTOR THRISSUR.680001

2. THRISSUR CORPORATION, REP. BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR-680001

3. THE SECRETARY, THRISSUR CORPORATION, CORPORATION OFFICE, THRISSUR-680001

4. K.K.BABU, KOOTTALA HOUSE THOTTAPPADY, MANNATHY P.O, THRISSUR (AS PER ORDER DATED 12/2/2015 IN I.A.NO.2207/2015) R2&3 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,TSSR CO RADDL 4 BY ADV. SRI.DILIP J. AKKARA R1BY ADV.ANITHA RAVINDRAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1111-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14467 of 2013 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONERS BY THE OLLUKARA VILLAGE OFFICER.

EXHIBIT P2: COPY OF THE TAX RECEIPT SHOWING THE BALANCE EXTENT OF PROPERTY IN THE POSSESSION OF THE PETITIONER. EXHIBIT P3: COPY OF THE APPROVED PLAN.

EXHIBIT P4: COPY OF THE BUILDING PERMIT.

EXHIBIT P5: COPY OF THE SHOW CAUSE LETTER.

EXHIBIT P6: COPY OF THE REPRESENTATION.

EXHIBIT P7: COPY OF THE LETTER DATED 21/12/2012. EXHIBIT P8: COPY OF THE REPORT.

EXHIBIT P9-TRUE COPY OF THE APPLICATION RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R4(A)-PHOTOCOPY OF THE RTI APPLICATION DATED 16.10.12 ADDRESSED TO THE PUBLIC INFORMATION OFFICER, SPL.TAHSILDAR (LA) NHDP UNIT NO.3. THRISSUR AND ITS REPLY DATED 18.10.12 EXT.R4(B)-TRUE TRANSLATION OF EXT.R4(A) EXT.R4(C)-PHOTOCOPY OF THE RTI APPLICATION DATED 15.6.12 ADDRESSED TO THE PUBLIC INFORMATION OFFICER OF 2ND RESPONDENT AND ITS REPLY DATED 6.7.12 EXT.R4(D)-TRUE ENGLISH TRANSLATION OF R4(C) TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

--------------------- W.P (C) No.14467 of 2013 --------------------- Dated this the 11th day of November, 2015

J U D G M E N T

Ext.P5 show cause notice and Ext.P7 stop memo issued by the third respondent are impugned. The petitioners are free to file a detailed objection to Exts.P5 notice and P7 memo. The proceedings shall be taken to a logical end with notice to the petitioner and the additional 4th respondent. Either parties are at liberty to produce documents in support of their contentions. This exercise shall be completed within two months from the date of receipt of a copy of this judgment.

The number if any allotted to the building shall not be cancelled in the meanwhile. Any proceedings for demolition shall also be kept in abeyance till such time.

The Writ Petition is disposed of.

V.CHITAMBARESH, Judge.

sks